Truck Accident Law
A truck accident lawyer with knowledge of the field has a thorough understanding of the laws that govern truck drivers as well as trucking companies. They will conduct an investigation and discover evidence like maintenance records of the trucking company which could support a negligence claim.
A NYC truck accident lawyer in NYC can determine the responsible parties in your case and assist you in recovering from your injuries.
1. Fatigued or injured driver
If a car that is a passenger collides with a truck the most efficient way to determine who is at fault is to review the conduct of the driver and his manner. An attorney for truck accidents can utilize surveillance footage as well as witness testimony to determine which driver responsible.
There are many places with surveillance cameras. This includes the majority of intersections hotels, interchanges gas stations, restaurants and hotels. A skilled lawyer for truck accidents can use this evidence to identify the potential defendant, particularly when the driver seemed unobservant or distracted during the time of the accident.
In cases of truck accidents it is also possible that the driver was tired or injured at the time of the crash. The road logs of the drivers will reveal if they slept insufficiently or if they did not adhere to the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company may also be held liable for the negligent actions of their employee. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their sleep and rest times and putting them at risk for accidents could also have contributed to.
The government agencies responsible for maintaining roads may also be accountable if a dangerous road caused the accident. A truck accident lawyer who is experienced can determine the agency responsible and hire a construction or maintenance contractor with experience to look into the cause of any unsafe conditions or other unsafe conditions, if applicable. A seasoned attorney can determine the various parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These equipments are designed to withstand a lot of use and should be checked, maintained, and repaired to avoid failure. When something goes wrong, truckers may not be able to control their vehicle and this can lead to tragic or fatal accidents. The problem with defective truck parts and equipment could be the fault of several entities that include the trucking firm and the manufacturer as well as the repair or parts dealer shop.
If lakeland truck accident law firm occurred as a result of a malfunctioning part or piece of equipment, the injured party could pursue damages for economic and noneconomic losses. Economic damages may include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury and emotional distress. In certain instances, punitive damages may also be available to punish the defendant in order to prevent similar negligence from happening in the future.
Even with the best efforts by trucking companies and drivers equipment malfunctions are inevitable. It is crucial to determine the responsible parties to seek compensation for the loss.
If you've been injured in a truck accident the skilled attorneys at the Burch Law Firm can help. Contact us today for a free consultation. Our lawyers will analyze your case, find liable parties and fight to get the compensation you're entitled to. We can assist you in obtaining the amount you need to pay for medical bills, lost wages, and emotional or physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours a days seven days a week to answer your phone.
3. Unloading Cargo Unsafely
Loaders and drivers of trucks must follow strict guidelines regarding stacking and securing the cargo they transport on the roads. Failure to follow these guidelines could lead to serious issues. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most frequent causes of truck accidents.
A lot of these truck accidents result in cargo falling off the vehicle and onto other vehicles or the road. This is particularly risky because the cargo could create a hazard or obstacle on the road and force drivers to turn around. It could also fall onto people who are walking or riding bikes in the vicinity of trucks.
Based on the circumstances surrounding the accident, there may be multiple parties to blame. If a driver was negligent in loading their cargo, for instance this person could be held accountable according to the legal theory of respondeat superior. The trucking company who employed the driver may also be liable, as it is responsible for its employees' actions in the spirit of vicarious responsibility.
In instances where accidents occur due to improperly loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was at fault. An attorney from Cordisco and Saile LLC may assist victims in determining the proper defendants to file a claim against for compensation for their loss. A successful claim could result in a settlement or a verdict that provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers are obliged to keep their vehicles in good condition, and when they fail to do so they could cause serious accidents. To ensure that trucks operate correctly, mechanical parts are frequently checked and replaced. If this is not done, it can result in a dangerous, unsafe road.
The road and weather conditions can also lead to truck crashes. Due to their size, trucks are much more likely to be involved in a crash when they drive in bad conditions or on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the amount of time they can drive per day. These regulations are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or make more money from their employers, it puts the public at risk.
Unsafe road conditions may include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues include poor lane markings like broken or solid lane lines that cause confusion for drivers about which lane they're in, and merging ramps for lane switching that are too small for large vehicles to safely change lanes.
When a truck accident happens due to poor road conditions, the trucking company or the government agency that is responsible for maintaining the road could be held responsible for the occurrence. The party responsible for creating the dangerous conditions needs to be proven to have violated its obligation of care. This could include negligent hiring or maintenance of vehicles, as well as drug testing. Under California law, victims are able to recover damages for their medical expenses, lost income, suffering, and loss of quality of life.
5. Injury to a pedestrian
Truck accidents pose a risk to pedestrians walking along roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck and can be severely injured or killed.
In these instances an attorney for personal injury will seek to recover compensation from the person who caused the injury. In some cases it could be as simple as suing the truck driver if they ran a red light and struck the pedestrian, but in other cases, it could be the trucking firm that allowed the trucker longer shifts than required by law, did not maintain the vehicle, or even conducted an examination of their background that would have revealed the history of unsafe driving behavior.
Accidents involving trucks and pedestrians are most often caused by the driver's inattentiveness or distraction. Although this type of incident is normal in any car accident, it could be more dangerous due to the fact that truck drivers tend to be higher up in their cabs. They also have bigger blind areas that are difficult to see.
If a pedestrian is injured in a truck accident it is possible to be awarded compensation for medical expenses or loss of earnings injuries and suffering, as well as property damage. However, in some cases where the plaintiff is found to be partly accountable for the accident due to their own actions, for example, not stepping over the left shoulder when a truck started to swerve, they will receive compensation that is reduced. It is important to hire an injury lawyer who is knowledgeable and experienced to take care of your case. Contact us today to begin.